8Meaning of corrupt conduct

#### 8 Meaning of corrupt conduct (1) Each of the following is corrupt conduct: (a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly: (i) the honest or impartial exercise of any public official’s powers as a public official; or (ii) the honest or impartial performance of any public official’s functions or duties as a public official; (b) any conduct of a public official that constitutes or involves a breach of public trust; (c) any conduct of a public official that constitutes, involves or is engaged in for the purpose of abuse of the person’s office as a public official; (d) any conduct of a public official, or former public official, that constitutes or involves the misuse of information or documents acquired in the person’s capacity as a public official. (2) However, paragraph (1)(a) does not apply in relation to conduct of the following: (a) the Governor‑General; (b) a Deputy Governor‑General; (c) a Justice of the High Court or a judge of a court created by the Parliament; (d) a judge of a court of a State or Territory; (e) a member of a Royal Commission; (f) the Inspector, or a person assisting the Inspector. (3) To avoid doubt, paragraph (1)(a) covers a public official’s own conduct, if it has, or could have, the specified adverse effects in relation to the public official’s powers, functions or duties. Conduct before commencement (4) Conduct may be corrupt conduct even though it occurred before the commencement of this section. (5) Conduct involving a public official may be corrupt conduct even though the person was no longer a public official when this section commenced. Judicial powers, functions and duties (6) Corrupt conduct does not include conduct engaged in by a staff member of the High Court or of a court created by the Parliament to exercise a power, or perform a function or duty, of a judicial nature. (7) Conduct is not corrupt conduct under paragraph (1)(a) to the extent that it affects the exercise of a power, or the performance of a function or duty, of a judicial nature by a public official who is a staff member of the High Court or of a court created by the Parliament. > Note: A Justice of the High Court or a judge of a court created by the Parliament is not a staff member of a Commonwealth agency: see paragraph 12(5)(d). Conduct need not be for personal benefit (8) Conduct involving a public official may be corrupt conduct even if the conduct is not for the person’s personal benefit. Conduct alone or with others (9) A person may engage in corrupt conduct alone, or with the agreement or participation of other persons (whether or not those other persons are public officials). Conduct amounting to conspiracy or attempt (10) Conduct comprising conspiracy or an attempt to commit or engage in conduct covered by subsection (1) is itself corrupt conduct. Conducting parliamentary business using public resources (11) To avoid doubt, the use by a parliamentarian, or a staff member of a Commonwealth agency, of public resources to conduct parliamentary business in accordance with the following does not constitute corrupt conduct: (a) the Parliamentary Business Resources Act 2017; (b) the Members of Parliament (Staff) Act 1984. (12) Terms used in subsection (11) that are defined in the Parliamentary Business Resources Act 2017 have the same meaning in that subsection as they do in that Act. Political activities (13) To avoid doubt, conduct engaged in as part of a political activity does not constitute corrupt conduct if the conduct does not involve or affect either of the following: (a) the exercise of a power, or the performance of a function or duty, by a public official; (b) the use of public resources (within the meaning of the PGPA Act).